Tape Makes Board Doubt Fisher Lied

June 14, 1985|By Roger Roy of The Sentinel Staff

Former Orange County Sheriff's Sgt. Delbert Fisher, fired last month and accused of lying in a botched kidnapping investigation, convinced a department review board Thursday that he might have been telling the truth.

Fisher played a bizarre videotape of himself being questioned -- after a doctor gave him a ''truth serum'' -- in which he denied lying in the case.

After viewing the tape, none of the board members was convinced that Fisher had lied, as an internal investigation concluded last month.

However, three of the five board members said they still think Fisher, 45, should be fired for violating department policies on conducting investigations.

The board will make its recommendation today to Sheriff Lawson Lamar, who fired Fisher in mid-May. Lamar is not bound by the board's opinion.

Fisher, a deputy for 19 years, was fired after a sheriff's investigation concluded that he lied, conducted an unauthorized investigation and was guilty of conduct unbecoming a deputy in the investigation of a kidnapping and robbery in Apopka last year.

In that case, a judge acquitted the defendant after Fisher and three Apopka police officers, including the chief, disagreed in court about whether Fisher had told them about a photograph lineup he did for the victim in the case.

A key point in Thursday's hearing was whether Fisher was lying when he testified that he had told the other officers about the lineup.

Fisher failed a department polygraph test during its investigation. He acknowledged Thursday that he also failed a second test after being fired.

Fisher said his lawyer, William Barnett, arranged to have psychiatrist E. Michael Gutman question him under the influence of sodium amytal, a ''truth serum.''

The 90-minute videotape, made at Florida Hospital in Orlando, begins with Fisher lying on a bed and Gutman releasing some of the drug into an intravenous tube inserted in Fisher's arm.

Within a few minutes, Fisher appeared sedated and drowsy. Throughout the interview, Gutman frequently had to slap Fisher's face to keep him attentive. On occasions, Fisher fell asleep and snored heavily.

At times, Fisher said he disliked his father and also talked nonsensically, several times repeating a phrase about ''cows in Texas'' and talking about something that was ''hilarious,'' but ''it wasn't too damn funny.''

But on the key point in Gutman's questioning -- whether Fisher lied when he testified that he had told Apopka police about a photograph lineup he gave the kidnapping victim -- Fisher repeatedly said he was ''absolutely'' telling the truth.

After the questioning, Gutman said he believed Fisher. He said the officer probably failed the polygraph tests because he was distraught when Apopka police questioned his truthfulness. Gutman said that may relate to Fisher's poor relationship with his father and his desire to please authority figures. But internal affairs agent Douglas Sarubbi, whose investigation concluded that Fisher had probably lied in the kidnapping case, said he was skeptical.

''I don't see how his past, or his being a nice guy, or his father would have anything to do with the polygraph exam,'' Sarubbi said.

On the tape, Fisher accused Apopka Police Chief Tom Collins and two of his officers of lying, and said he thinks Collins might have been ''out to get me'' because of previous disputes between them.

Collins could not be reached for comment Thursday. He and his officers have testified that Fisher never told them about the lineup.

The chairman of the review board, Capt. Bill Mefford, told Fisher he is not sure whether Fisher told the truth. However, he told Fisher, ''you conducted a haphazard, careless, uncoordinated investigation'' and only hurt the probe. He said he will recommend that Fisher's termination stand.

Two other board members, Sgt. Bill Winter and Sheryl Kolessar, said they think Fisher was telling the truth. But they said he fouled up the investigation so badly that they still think he should be fired.

The fourth board member, Lt. Phil Eller, said he is sure Fisher is telling the truth and should be exonerated. The fifth board member, corrections officer Dennis Warren, said he believes Fisher but thinks he mishandled the investigation. Warren said he had reached no decision Thursday about what punishment is appropriate.

Fisher said after the hearing he was pleased that the board didn't think he had lied, but said he hopes that Lamar will reinstate him.